(1) The Teacher Standards and Practices Commission may suspend or revoke the license or registration of a commission licensee, discipline a commission licensee, or suspend or revoke the right of any person to apply for a license or registration based on the following:

Terms Used In Oregon Statutes 342.175

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Approved educator preparation program: means a licensure program that:

    (a) Prepares persons to become educators in any grade from preprimary through grade 12;

    (b) Is offered by an approved educator preparation provider; and

    (c) Meets the standards of the Teacher Standards and Practices Commission, as provided by ORS § 342. See Oregon Statutes 342.120

  • Commission licensee: means a person whom the Teacher Standards and Practices Commission has the authority to investigate or discipline because the person:

    (a) Is enrolled in an approved educator preparation program;

    (b) Is an applicant for a Teacher Standards and Practices Commission license or registration;

    (c) Holds a license or registration issued by the Teacher Standards and Practices Commission; or

    (d) Has held a license or registration issued by the Teacher Standards and Practices Commission at any time during the previous five years. See Oregon Statutes 342.120

  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Teacher: includes all licensed employees in the public schools or employed by an education service district who have direct responsibility for instruction or coordination of educational programs and who are compensated for their services from public funds. See Oregon Statutes 342.120
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100

(a) Conviction of a crime not listed in ORS § 342.143 (3);

(b) Gross neglect of duty;

(c) Any gross unfitness;

(d) Conviction of a crime for violating any law of this state or any state or of the United States involving the illegal use, sale or possession of controlled substances;

(e) Conviction of a crime described in ORS § 475C.005 to 475C.525;

(f) Any false statement knowingly made in an application for issuance, renewal or reinstatement of a license or registration; or

(g) Failure to comply with any condition of reinstatement under subsection (4) of this section or any condition of probation under ORS § 342.177 (3)(b).

(2) If a person is enrolled in an approved educator preparation program under ORS § 342.147, the commission may issue a public reprimand or may suspend or revoke the right to apply for a license or registration based on the following:

(a) Conviction of a crime listed in ORS § 342.143 (3) or a crime described by the commission by rule;

(b) Conviction of a crime for violating any law of this state or any state or of the United States involving the illegal use, sale or possession of controlled substances; or

(c) Any conduct that may cause the commission to issue a public reprimand for a commission licensee or to suspend or revoke the license or registration of a commission licensee.

(3) The commission shall revoke any license or registration and shall revoke the right of any person to apply for a license or registration if the person has been convicted of any crime listed in ORS § 342.143 (3).

(4)(a) Except for convictions for crimes listed in ORS § 342.143 (3) and subject to subsection (5) of this section, any person whose license or registration has been revoked, or whose right to apply for a license or registration has been revoked, may apply to the commission for reinstatement of the license or registration after one year from the date of the revocation.

(b) Any person whose license or registration has been suspended, or whose right to apply for a license or registration has been suspended, may apply to the commission for reinstatement of the license or registration.

(c) The commission may require an applicant for reinstatement to furnish evidence satisfactory to the commission of good moral character, mental and physical health and such other evidence as the commission may consider necessary to establish the applicant’s fitness. The commission may impose a probationary period and such conditions as the commission considers necessary upon approving an application for reinstatement.

(5) The commission shall reconsider immediately a license or registration suspension or revocation or the situation of a person whose right to apply for a license or registration has been revoked, upon application therefor, when the license or registration suspension or revocation or the right revocation is based on a criminal conviction that is reversed on appeal.

(6) Violation of rules adopted by the commission relating to competent and ethical performance of professional duties shall be admissible as evidence of gross neglect of duty or gross unfitness.

(7) A copy of the record of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive evidence of a conviction described in this section. [Formerly 342.070; 1965 c.100 § 361; 1971 c.743 § 358; 1973 c.228 § 1; 1979 c.226 § 1; 1979 c.226 § 1; 1979 c.307 § 3a; 1987 c.158 § 59; 1987 c.503 § 7; 1991 c.662 § 1; 1993 c.45 § 168; 1993 c.301 § 7; 1993 c.603 § 1; 1995 c.768 § 15; 1997 c.383 § 15; 1997 c.864 § 19; 1999 c.199 § 10; 1999 c.308 § 2; 2007 c.575 § 12; 2009 c.386 § 1; 2015 c.245 § 11; 2015 c.647 § 16; 2017 c.21 § 51; 2019 c.618 § 24; 2021 c.151 § 2]

 

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